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H1- Urgent Please help

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  • H1- Urgent Please help

    I am currently in L1A and will be completing 5 yrs & 4 months in October 2007(Excluding my vacation periods during the stay)
    Filing for a new H1 in 2007 quota.

    My L1 petition is valid till June 2008.

    My question is
    1. Will I be able to get H1 validity for only rest of the 8 months left over ?
    2.My new employer says that I can get the H1 till june of 2008(i.e., till my status of L1).Is it true?
    3. After how many months of working with my current employer, he can file the labor fo me?
    4.If my labor gets approved , can I go for H1 extension?

    I believe that after Labor we have to file I 140 and then I 485(which will depend on the Priority Date) and after six months of I 485 we need to get EAD.Please correct me if any change in the above process...

    Please clarify....

  • #2
    L1 and H1

    I am currently in L1A and will be completing 5 yrs & 4 months in October 2007(Excluding my vacation periods during the stay)
    Filing for a new H1 in 2007 quota.

    My L1 petition is valid till June 2008.

    My question is
    1. Will I be able to get H1 validity for only rest of the 8 months left over ?

    ---- Yes

    2.My new employer says that I can get the H1 till june of 2008(i.e., till my status of L1).Is it true?

    ---- It is possible depending on how your employer represents the facts of your case

    3. After how many months of working with my current employer, he can file the labor fo me?

    ---- Ther is no fixed period. It can be done even before you join the company

    4.If my labor gets approved , can I go for H1 extension?

    ---- You can go for H1 extension before its due date. Labor getting approved has no bearing. The scenario being you can apply for H1 extension on a yearly basis if you have applied for labor certification

    I believe that after Labor we have to file I 140 and then I 485(which will depend on the Priority Date) and after six months of I 485 we need to get EAD.Please correct me if any change in the above process...

    ---- After I-140 approval, you can go for a 3 year extension of H1 and the EAD. I-485 lends you to adjust your status frm non-immigrant to immigrant status and this application is dependent upon the priority date

    Subramanya

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    • #3
      H1 - Please help urgent

      Thanks for your response Subramanya.

      One more question
      What is the maximum duration takes labor process, GC
      Labor - ?
      I140 - ?
      I485 - ?
      EAD - ?
      GC - ?


      Also at what point of time can we change the employer and at what point of time we cannot change the employer

      Also I heard that once we have filed H1 with one employer, Is it that if we are not able to work with him, second time we cannot file a new H1.All we have to do is to only transfer the H1.Please advise.

      Does being in L1 for 5 years speeden up the GC process.

      Thanks in advance...

      Comment


      • #4
        GC Process

        One more question
        What is the maximum duration takes labor process, GC
        Labor - ?
        I140 - ?
        I485 - ?
        EAD - ?
        GC - ?

        ---- It takes about 5 years under normal circumstances. However, if your profession, skills, experience and expertise are in great demand (like a nurse, culinary chef, etc.) it may take less time, may be a max of 2 years.

        ---- Also, if you apply under EB1 category then processing is faster.

        ---- You may refer to the websites of USCIS and various other forums more detailed information on all these matters

        ---- Most of the time Labor and I-140 are quick as of now with the new process of PERM and other processing issues

        Also at what point of time can we change the employer and at what point of time we cannot change the employer

        ---- Once Labor certification is applied for, you have to be with your employer (after all that is what your employer is doing for you apart from providing employment). Again, after the I-140 is applied it is obligatory to remain with the employer as they are providing all the information about the company to USCIS to sponsor you

        ---- Once I-485 is applied (depending on the priority date of your category), you may change employers subject to certain conditions like negotiating with the employer, agreement, contract etc.

        Also I heard that once we have filed H1 with one employer, Is it that if we are not able to work with him, second time we cannot file a new H1.All we have to do is to only transfer the H1.Please advise.

        ---- If you change employers, you are essentially applying for a new H1 (it is called and termed as transfer to facilitate the process)

        Does being in L1 for 5 years speeden up the GC process.

        ---- We all wish it was. Then the priority date for I-485 will go back to 1990 or before and we can forget about GC (not necessarily) and keep renewing our H1 every year or 3 years as the case be

        Subramanya

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